Disciplinary Process †Case Study Essay

No written warnings in Sams personal employee files.There were no orb notes kept in Sams file in regards to writ of execution reviews.No disciplinary sees or hearings prior to Sams dismissal secret code documented timelines for reviews of Sams improvement or progress.No exercise reviews or development inventions presented by employer.Sam was dismissed from employment as at that place was a claim Sam had struck her manager. No investigation into Sam striking Manager Nil Evidence.Sam should shed had formal meetings discussing her poor performances. none noted in her files.Coaching and Mentoring should have been offered and a time line drawn up and put into place.The manager should have notified Supervisor immediately after(prenominal) the alleged physical abuse.The organisation should have kept copies of Sams Medical certificates.B,WHAT THE ORGANISATION SHOULD HAVE BEEN DOING FOR IT TO HAVE SUCCESSFULLYDEFENDED ITS POSITION AGAINST SAMS CLAIM OF UNFAIR DISMISSAL.Kept formal no tes in Sams file about formal performance reviews and meetings that have taken place.Sam should have had written/formal warnings that have been issue to her.Sam should have had meetings with Human Resource Managers for performance improvement. Including evidence of training coaching or mentoring. result up reviews regarding training etc.The manager that claimed Sam had hit her should have filed a report with supervisor, not waiting until Sam had called in sick before reportage the matter.This claim should have been fully investigated by the organisation and the outcome documented.3WHAT WOULD HAVE BEEN THE CORRECT WAY TO TERMINATE SAM IN ACCORDANCE WITH levelheaded AND ORGANISATIONAL REQUIREMENTS?To give employees 3 written formal warnings to improve performance.For employee to have received reasonable time and support to improve performance.After the alleged attack on manager from same, a full investigation taken place. If evidence is clear of a crime, the investigation should be handed over to the police.In section 17 of the Fair Trading Work Act The organisation is required to provide an employee a notice of termination in writing.In Sams case, In order to terminate correctly, all processes including non-performances through to support measures and follow up action should have been documented, before termination.RISK ANALYSIS OF THE CASE AND STRATEGIES TO MITIGATE approaching RISKSIdentified Risk Strategy to Mitigate RiskEmployee continually under performingProvide on Job training, coaching and mentoring. Support for underperforming employees with time lines, opportunities for improvement. scripted warnings where there is no improvement.Compensation claim through Fair Work Australia successfulPerformance management, misconduct and dismissal strategies to be implemented and communicated to entire organisation. Follow up on procedures.Employee lodge unfair dismissal claim with Fair Work AustraliaEnsure organisation has all evidence and documentation requir ed to constitute a claim.MISCONDUCT MAY BE DEEMED TO EXIST WHEREAn employee has been previously warned about a particular behaviour.That an employee is aw atomic number 18 of misconduct.Where an employee has purposely breached guidelines or challenged direct instructions from supervisors. numerate ANY LEGISLATION THAT APPLIES TO THE SITUATION PRESENTED IN CASE STUDYUnfair Dismissal legislation applies to most employees working in paid employment in Australia.In this case, the employee may have physical abused another, and this might come under criminal law as assault.TypePolicysProcedureMonitoringRegular dates for reviews. To monitor performance, ensuring effectiveness and employees are able to obtain support to achieve performance levels.Upon commencement of employment. The expected performance standards and KPIs are communicated and agreed. Performance reviews 6 monthlyPerformance reviewAll performance reviews are standard and at regular intervals and all information is documente d in employees files. Both employee and supervisor sign review agreementKeep employees files up to date. Performance reviews need to have sign off sheets attached to review notes. For Employees with ample responsibilities, management need do follow ups regularlyWHAT DOCUMENTS DO WE NEED TO BE DEVELOPED FOR THE ORGANISATION TO EVIDENCE THAT IS HAS IMPLEMENTED A PROCESS TO promote NON-PERFORMING EMPLOYEESSign off sheets for the employee and employer to sign after reviews.Note page for recording meeting minutes of performance meetings, where non-performance was identified.A document for recording action plan example- what actions are taken to support the employee, this template should also include dates, milestones and deadlines.A template for the issue of warnings and notice of termination.DESCRIPTION OF HOW ALL STEPS OF THE PERFORMANCE polish PROCESS AND DISCIPLINARY HEARING PROCESS SHOULD BE PERFORMED AS PER LEGAL REQUIREMENTS AND THE ORGANISATIONAL POLICIES HAVE BEEN DEVELOPED.W hat should have been done at each stage?Performance meeting and review should have been held and documented.Review the progress, timelines and support to same in order to assist with performance.Training support and counselling should be offered, provided and documented.A second performance review meeting, at a set date, all documented.If progress not satisfactory, a written warning to be issued. Documented and also a reproduction of warning letter in file.Further training counselling and support.If after a considerable amount of time there has been no improvementAnd performance is still unsatisfactory a notice of termination could have been issued in writing and given to employee.The termination notice must provide notice to employee.WHEN AND WHERE assist FROM HR SPECIALISTS WOULD HAVE BEEN APPROPRIATE.HR should have been notified straight away of Sams poor performance.This meeting should have been documented.WHAT SUPPORT SERVICES COULD HAVE BEEN DEPLOYED IN SAMS CASE?Formal trai ningNew mentor or coachCounselling sessionsAll support should have been documented as evidence that she was given supportWHAT DOCUMENTATION WOULD HAVE APPROPRIATE AT EACH STAGEAll meetings, training, reviews, coaching and warnings should have been documented.